Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 13, 2016
The Firm
201-896-4100 info@sh-law.comWhen it comes to defamation, the distinction between public figures and lesser-known individuals is very important, but what makes a public figure?
There’s a good chance most people who work in sports or entertainment are public figures, however, there is no guarantee they are considered as such. This is something that Jerry Heller, the former manager of seminal hip-hop group N.W.A., is attempting to argue. People may know who he is, and he may be connected to such definite public figures as Ice Cube and Dr. Dre, but does that make Heller a public figure himself? He doesn’t think so, according to The Hollywood Reporter, and for him that distinction is very important right now. Heller is currently in the midst of a defamation lawsuit against NBCUniversal, Dr. Dre, Ice Cube and other defendants, something he alluded to in an interview with White Label Radio.
Heller has been arguing that he is not a public figure, a very important point in any defamation lawsuit. This is because the standards for proving defamation are different for public figures than they are for other people. For most people a defamation lawsuit hinges on negligence, while for public figures the burden is higher – actual malice. What exactly is it that makes someone a public figure?
One thing we know for sure is who is and is not considered a public figure, but there’s a gray area as far as when someone achieves this status. However, as far as why the burden of proof on them is higher, though, is a bit more apparent. Gertz v. Welch established two reasons why public figures must prove actual malice.
The first is an individual’s access to the media. Public figures, the court argued, have significantly more access to mainstream communication channels than private figures do. This sort of access makes it easier for public figures to rebut potentially defamatory statements made against them. In addition, the court noted that public figures have assumed an increased risk of injury by placing themselves in the spotlight. It can be assumed, then, that public figures are individuals with access to the media who have some sort of space in the spotlight.
The court also outlined three different types of public figures. They are as follows:
Public figure status is usually determined on a case-by-case basis. There is a concern about placing too many people in the public figure category, and making it too easy for defendants to shut down defamation lawsuits. Local notoriety, for instance, does not necessarily mean someone is a public figure. The spotlight should shine on something closer to a national basis. A semi-professional football player, for instance, may not be considered a public figure though he may be known to many people within the region his team represents. However, someone who plays football in the NFL is most likely a public figure, due to his national prominence.
If you’re unsure about whether or not you’re a public figure, speak with an entertainment law attorney for more information.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!